STATUTORY RULES.
1965. No.22
REGULATIONS UNDER THE CUSTOMS ACT 1901-1963 AND THE
COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
THE GOVERNOR-GENERAL in and over the Commonwealth of
Australia, acting with the advice of the Federal Executive Council,
hereby make the following Regulations under the Customs Act 19011963 and the Commerce (Trade Descriptions) Act 1905-1950.
I
Dated this
15th
, 1965.
dayL'ISLE
DE L'ISLE
Governor-General.
By His Excellency's Command,
Minister of State for Primary Industry and for and on behalf of
the Minister of State for Customs and Excise.
EXPORTS (FRESH FRUIT) REGULATIONS.
1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended
by—
(a) by inserting, after the definition of " appointed place", the
following definition:—
" circumference ', in relation to a banana, means the
greatest circumference of the banana measured at
right angles to its core; ";
(b) by inserting, after the definition of " clipped ", the following
definition:—
" ' cluster ', in relation to bananas, means a group of not
less than three and not more than nine bananas
attached to one section of the peduncle;"; and
(c) by inserting, after the definition of " export establishment ", the
following definitions:—
"'fumigation chamber ' means a chamber registered under
regulation 9A of these Regulations;
hand ', in relation to bananas, means a group of not
less than ten bananas attached to one section of
the peduncle;
' length ', in relation to a banana, means the greatest length
of the banana measured along its outside curve;".
AMENDMENTS OF THE
2. Regulation 8 of the Exports (Fresh Fruit) Regulations is amended—
(a) by inserting in paragraph (a) of sub-regulation (1.) , after the
words "other than fresh ", the word " bananas,";
• Notified in the Commonwealth Gazette on
25 February
,1965.
t Statutory Rules 1955, Na. 61, as amended by Statutory Rules 1956, Nos. 20, 27 and 123: 1957,
No. 36; 1958, No. 24; 1959,No.
6; 1960, Nos. 16 and 38; 1961, Nos. 20 and 111; 1962, No. 37; 1963,
Nos. 15 and 140; and 1964, Nos. 11 and 28.
416/65.—PRICE 1 s. 6D.
10/29.1.1965.
Interpretation.
Export of fresh fruit
Prohibited
subject to
conditions.
2
Exports (Fresh Fruit) Regulations.
(b) by inserting in paragraph (b) of that sub-regulation, after the
word " fresh ", the word " bananas,"; and
(c) by inserting, after paragraph (b) in that sub-regulation, the
following paragraph" (ba) in the case of citrus fruit that has been fumigated,
the fumigation has been effectively carried out in
a fumigation chamber;".
or
3. Regulation 9 of the Exports (Fresh Fruit) Regulations is amended— Registration
export
establishments
(1.),
after
the
words
"
storage
(a) by inserting in sub-regulation
for
bananas,
of ", the word " bananas,"; and
citrus fruit
(b) by inserting in sub-regulation (5.), after the words "storage and pineapples.
of " the word " bananas.".
4. The Exports (Fresh Fruit) Regulations are amended by inserting
after regulation 9 the following regulation:" 9A.—(1.) A person who is the owner or occupier of premises that
are—
(a) used for the receipt, processing, packing and storage of citrus
(b) registered under the last preceding regulation,
may apply to the Secretary for the registration of a chamber at those
premises as a fumigation chamber for citrus fruits.
"(2.) An application made in pursuance of the last preceding subregulation shall be in accordance with Form IA and shall be accompanied
by detailed specifications showing the type of construction of the chamber,
its capacity, and the plant and equipment used or to be used in connexion
with the operation of the chamber and the manner in which and the
means by which, fumigation is or will be carried out in the chamber.
" (3.) Where—
(a) the construction, plant and equipment have been examined and
approved by an officer; and
(b) in the opinion of the officer, fumigation is capable of being
carried out in the fumigation chamber in an efficient manner
and by hygienic means,
the Secretary may register the chamber as a fumigation chamber.
" (4.) The Secretary shall issue a certificate of registration in accordance with Form 2A in respect of a chamber registered under this regulation.
" (5.) Where—
(a) fumigation is not being carried out in a fumigation chamber in
an efficient manner or by hygienic means; or
(b) the premises at which the fumigation chamber is situated cease;
to be an export establishment,
the Secretary may cancel the registration of the chamber as a fumigation
chamber.".
Re gistration of
fumigation
chambers in
respect of citrus fruits.
Exports (Fresh Fruit) Regulations.
3
5. Regulation 29 of the Exports (Fresh Fruit) Regulations is amended
by omitting sub-regulation (3.) and inserting in its stead the following subregulation:—
Analysts.
" (3.) The following offices are prescribed offices for the purpose of the
last preceding sub-regulation:(a) Assistant Comptroller-General (being the office of that designation in the Laboratory Branch);
(b) Chief Chemist;
(c) Chemist Class III.;
(d) Chemist Class II.; and
(e) Chemist Class I.".
6. The Second Schedule to the Exports (Fresh Fruit) Regulations is
amended—
(a) by omitting the table in sub-item (1.) of item 3 and inserting
in its stead the following table:—
Inside measurement in inches
(clear of divisions).
Description of box or
tray.
Length.
Depth.
W i dt h.
Australian apple box
Australian banana box
Australian half box ..
18
18
18
14+
9+
7+
8+
13
8+
Banana bushel box ..
.
Citrus
Grape
..
Long half box
Long pear box
.
Pineapple ..
Standard apple box .
Standard banana box
Standard half box ..
18
24
24A
26
26
24+
18
18
18
101
11-36+
12
11+
12+
6
6
12
I I+
14+
11+
Standard pear box ..
Tray
18
18
Tray
18
Tropical ..
24
7*
141
10
1035+
84
Any depth
not exceeding 4 inches
Any depth
not exceeding 4 inches
12
Kind of fruit for
which box or tray
shall be used.
14+
Apples
Bananas
Apples and stone
fruits
Bananas
Citrus fruits
Grapes
Stone fruits
9½ars
Pineapples
Apples
Bananas
Apples and stone
fruits
Pears
All fruits
111
All fruits
12
Pineapples
(b) by omitting from paragraph (e) of item 4 the words " aperture
I- wide " and inserting in their stead the words " aperture
inch wide ";
(c) by inserting after item 11 the following items:" I IA. A box 24¾scribed as Australian banana box' in the table contained in item 3 in this Schedule shall be constructed in accordance with
the following specifications:—
(a) Each end shall measure 13 inches wide and 93 inches deep by
inch thick and shall be made of one piece, or two pieces
effectively joined.
Second
Schedule.
Exports (Fresh Fruit) Regulations.
(b) Each side shall consist of three pieces, each piece being 19¼
inches long by 3 inches wide and—
(1) if made of hardwood-¼ to 11 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
(c) The top shall consist of two pieces, each piece being 191 inches
hang by 6¼ inches wide and(i) if made of hardwood-3/16 to 1 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
(d) The bottom shall consist of two pieces, each piece being 19¼
inches long by 6¼ inches wide and(i) if made of hardwood-¼ to 5/16 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
" 11B. A box described as 'Banana bushel box ' in the table contained
in item 3 in this Schedule shall be constructed in accordance with the
following specifications:—
(a) Each end shall measure 12 inches wide by lei inches deep by
I inch thick and shall be made of one piece, or two pieces
effectively joined.
(b) Each side shall consist of three pieces, each piece being 19+
inches long by 31 inches wide and—
(1) if made of hardwood-¼ to i inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
(e) The top shall consist of two pieces, each piece being 191 inches
long by 51 inches wide and(i) if made of hardwood-3/16 to 3 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
(d) The bottom shall consist of two pieces, each piece being 19¼
inches long by 5i inches wide and(i) if made of hardwood—I to 5/16 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
" 11C A box described as ' Standard banana box' in the table contained
in item 3 in this Schedule shall be constructed in accordance with the
following specifications:—
(a) Each end shall measure 14¼ inches wide by 8 7/8 inches deep by 5/8
inch thick and shall be made of one piece, or two pieces
effectively joined.
(b) Each side shall consist of two pieces, each piece being 19+
inches long by 41 inches wide and(i) if made of hardwood-¼ to 1 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick.
(c) The top shall consist of three or four pieces, each piece being
19¼ to 19 5/16 inches long and(i) if made of hardwood-3/16 to ¼ inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick,
the combined width of all pieces being not less than
13½ inches.
(d) The bottom shall consist of three or four pieces, each piece
being 19¼ inches long and(i) if made of hardwood—¼ to 5/16 inch thick; or
(ii) if made of softwood—not less than 5/16 inch thick,
the combined width of all pieces being not less than
13½ inches.":
(d) by omitting from item 12 the words and figures " items 3
to 11 (inclusive) " and inserting in their stead the words and
figures " items 3 to 11 c (inclusive) "; and
(e) by omitting from item 13 the words and figures " items 3 to
11 (inclusive) " and inserting in their stead the words and
figures " items 3 to 11c (inclusive) ".
4
Exports (Fresh Fruit) Regulations.
5
7. The Third Schedule to the Exports (Fresh Fruit) Regulations is
amended—
(a) by omitting from the table in sub-paragraph (I.) of paragraph
I in the second column of item I the words and figures.. I DEL. .. I 50 I 25 "
" Delicious ..
and inserting in their stead the words and figures50 I 30 ";
" Delicious ..
.. I DEL.
(b) by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures" Jonathan
.. I 234-150 I 198-113 I 234-113 "
..
and inserting in their stead the words and figures..
234-150 I 198-125 I 234-125 ";
" Jonathan
(c) by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures.. I 234-150 I 198-113 I 270-113"
" Red Jonathan
and inserting in their stead the words and figures" Red Jonathan
..
234-150 198-125 I 270-125 ";
(d) by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures" Jonathan
..
.. I 240-154 I 200-120 240-120 "
and inserting in their stead the words and figures..
" Jonathan
.. I 240-154 I 200-132 240-132 ";
(e) by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures" Red Jonathan
240-154 I 200-120 I 260-120 "
and inserting in their stead the words and figures" Red Jonathan
..
240-154 I 200-132 I 260-132 ";
(f) by omitting from sub-paragraph (8.) of that paragraph the
words " of the varieties Cleopatra, Granny Smith, Jonathan
and Red Jonathan " and inserting in their stead the words
" of the varieties referred to in the table in this subparagraph ";
(g) by omitting the table in sub-paragraph (8.) of that paragraph
and inserting in its stead the following table:—
Count.
Variety.
Standard
Apple Box
Cleopatra
Crofton
Delicious
Geeveston Fanny
Golden Delicious
Granny Smith
Jonathan
Laguna
Red Jonathan
Rokewood
Rome Beauty
Tasman's Pride
Yates ..
216
216
216
216
216
234
234
216
234
234
216
216
234
Australian
Apple Box.
220
220
220
220
220
240
240
220
240
240
220
220
240
Third
Schedule.
6
Exports (Fresh Fruit) Regulations.
(h) by inserting in paragraph 2 in the second column of item 1,
after the words " Geeveston Fanny ", the words " King
Cole,"; and
(1) by inserting, after paragraph 9 in the second column of item
1, the following paragraph:—
" 9A.—(1.) Apples of the varieties Worcester Pearmain and King
Cole intended for expert shall be placed in cool store as soon as possible
after packing and shall not be shipped if the temperature of the apples
is above 45 degrees Fahrenheit at the time of loading.
" (2.) Apples of the varieties Jonathan and Red Jonathan intended
for export to a country in the continent of Europe other than Sweden,
Norway and Finland shall be placed in cool store as soon as possible
after packing and shall not be shipped if the temperature of the apples
is above 45 degrees Fahrenheit at the time of loading.".
8. The Third Schedule to the Exports (Fresh Fruit) Regulations
amended by inserting after item 1 the following item:—
1A. Bananas
1. Each box shall contain bananas
of the Cavendish or related varieties
only.
2. Except where the Secretary
otherwise approves, each box shall
contain clusters only or hands only,
except that in the case of a box containing hands 20 per centum by weight
of the contents may be clusters.
3. The bananas shall be—
(a) hard and green;
(b) in a condition that will
ensure normal ripening
at the intended port of
destination; and
(c) free from injury caused by
chilling and from floral
remains, stains and other
foreign matter.
4. The bananas shall be washed
with clean water and then treated with
a fungicide approved by the Secretary.
5. Each banana shall be free from
blemishes or, if a banana is not free
from blemishes, the surface area of the
blemishes on the banana shall not
exceed 3 per ccntum of thcentumace
area of the banana and the weight of
bananas so blemished that are packed
in a box shall not exceed 10 per centum
of weight of the bananas in the box.
6. The bananas may be dipped in a
wax emulsion approved by the
Secretary.
7. Bananas shall be packed in one
of three grades, namely, " Extra
Large ", " Large " or " Medium ".
8. Bananas shall not be described as
" Extra Large " unless the bananas
are 8½ inches or more in length and 4
½inchesorm ufnce.
9. Bananas shall not be described as
" Large " unless the bananas are 7
inches or more but less than 8½ inches
in length and 4½ inchesomorein
circumference.
1S Third
Schedule.
1. The trade description shall be
placed on one end of each box and
shall include—
(a) in letters or figures at least
½inchgfprtedo
box or applied by means
of printed paper labels and
at least ¾ inchgf
stencilled on the box(i) the words " Export
Bananas "; and
of
(ii) the
name
the variety and
grade of the
bananas contained
in the box; and
(b) in letters at least inch high—
Aus(i) the word
tralia "; and
(ii) the
grower's
or
exporter's name
or registered
brand.
Exports (Fresh Fruit) Regulations
7
10. Bananas shall not be described
as " Medium " unless the bananas are
5+ inches or more but less than 7
inches in length and 4 inches or more
in circumference.
11.—(1.) Subject to the next
succeeding sub-paragraph, bananas
shall be packed in boxes of the type
described as " Australian banana
box ", " Banana bushel box " or
" Standard banana box " in the table
contained in item 3 in the Second
Schedule.
(2.) Bananas may be packed in
cartons of a type and size both approved by the Secretary.
12. Where the bananas are packed
in wooden boxes or cartons, each box
and carton shall be packed without
a bulge and, in the case of bananas
packed in a box, the bananas shall be
protected on all sides by packing
material of fibreboard, or clean white
paper, of a quality approved by the
Secretary.
13. Within 48 hours after harvesting
the bananas, the pulp temperature of
the bananas shall be not more than 56
degrees Fahrenheit and not less than
53 degrees Fahrenheit and shall be
maintained within that temperature
range until the time of delivery for
shipment.
14. The bananas shall not be
shipped if their pulp temperature is
above 58 degrees Fahrenheit at the
time of loading.
9. The Third Schedule to the Exports (Fresh Fruit) Regulations is
amended by omitting paragraph 2 in the second column of item 2 and
inserting in its stead the following paragraph:—
Third
Schedule.
" 2. The filtered juice of the grapes when measured with a Brix hydrometer calibrated at a temperature of 68 degrees Fahrenheit or a refractometer of a type approved
by the Secretary shall measure not less than 18.4 degrees Brix.".
10. The Third Schedule to the Exports (Fresh Fruit) Regulations is Third
amended by omitting paragraphs 2 and 3 in the second column of item schedule.
6 and inserting in their stead the following paragraphs:"
2. Each orange shall measure not less than 2 inches in diameter, except in the
case of oranges intended for export to North America, the continent of Europe and
the United Kingdom, when each orange shall measure not less than 2¼ inches in
diameter. The oranges in each box shall not vary in diameter more than ¼ inch.
"3. The oranges shall not be dry. They shall be mature, of normal shape and
appearance common to the variety, sound, of reasonably even colour and when intended
for export to North America, the continent of Europe, New Zealand, and the United
Kingdom shall have been clipped.
8
Exports (Fresh Fruit) Regulations.
" 3A. The oranges shall be treated with a fungicide and in a manner both approved
by the Secretary and, where the oranges are washed in water or immersed in a wax
emulsion, the water or wax emulsion shall also contain a fungicide of a type and in
a concentration both approved by the Secretary.".
11. The Third Schedule to the Exports (Fresh Fruit) Regulations is Third
amended by inserting in paragraph 3 in the third column of item 7 after the schedule.
words" Hale Haven
H. Haven "
..
the following words and letters:—
" Golden Queen
G.Q.
P.H.C.
PULC.".
Phillips Cling
Pullar's Cling
12. The Third Schedule to the Exports (Fresh Fruit) Regulations is Third
Schedule.
amended by inserting after paragraph 6 in the second column of item 8 the
following paragraph:" GA. Notwithstanding the provisions of the last three preceding paragraphs in
relation to the size of pears, in the case of pears referred to in the following table that
are packed in a standard pear box, a long pear box or a standard apple box, those
pears shall be packed in accordance with a count not longer than that specified in that
table in relation to the grade of those pears:—
Standard Pear Box.
Name of Variety.
Beurre Bosc. ..
Beurre D'anjou
Doyenne du Cornice
Glou Morceau
Josephine
..
Packhams Triumph
Winter Cole ..
Winter Neils ..
Extra
Fancy
Grade.
180
195
195
180
210
195
210
210
Fancy and
Good
Grade.
195
210
210
195
228
210
228
228
Lang Fear Box.
Extra
Fancy
Grade.
168
192
192
168
216
192
216
216
Fancy and
Good
Grade.
192
216
216
192
240
216
240
240
Sofdard Apple Box.
Extra
Fancy
Grade.
216
234
234
216
252
234
252
252
Fancy and
Good
Grade.
234
252
252
234
273
252
273
273
13. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is
amended by omitting from Form 1 the words " storage of citrus fruits in
pineapples
bananas
tended for " and inserting in their stead the words " storage of citrus fruits
pineapples
intended for ".
Fourth
Schedule.
Exports (Fresh Fruit) Regulations.
9
14. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is
amended by inserting after Form 1 the following Form:—
Fourth
Schedule.
Regulation 9A.
FORM IA.
COMMONWEALTH OF AUSTRALIA.
Exports (Fresh Fruit) Regulations.
APPLICATION FOR REGISTRATION OF A FUMIGATION CHAMBER.
The Secretary,
Department of Primary Industry,
ranberra.
, of
I
hereby apply, in pursuance of the Exports (Fresh Fruit) Regulations, for the registration
of a chamber at premises registered as an export establishment for fresh citrus fruit and
situated at
in the State of
as a fumigation chamber for the fumigation
of fresh citrus fruits intended for export and I enclose detailed specifications showing
the type of construction of the chamber, its capacity, and the plant and equipment
available for use in connection with its operation.
Dated this
day of
, 19
(Signature of applicant.)
15. The Fourth Schedule to the Exports (Fresh Fruit) Regulations
amended by inserting after Form 2 the following Form:—
FORM 2A.
IS Fourth
Schedule.
Regulation 9A.
COMMONWEALTH OF AUSTRALIA.
Exports (Fresh Fruit) Regulations.
CERTIFICATE OF REGISTRATION OF A FUMIGATION CHAMBER.
Registration No
I HEREBY CERTIFY that, in pursuance of the Exports (Fresh Fruit) Regulations,
that part of premises situated at
in the State
owned
of
and
occupied by
and used as a fumigation chamber has been registered as a fumigation chamber in
respect of fresh citrus fruits intended for export.
Dated this
day of
, 19
.
Secretary,
Department of Primary Industry.
By Authority: A. T. ARTHUR, Commonwealth Government Printer,
Canberra.